Child Molester Gets 45 Years, All Of Which Is Suspended

NEWPORT NEWS — The decision to seek no time behind bars for a former Newport News police officer who pleaded guilty to molesting two teenagers in the 1980s and 1990s came down to getting a sure conviction rather than taking chances with a jury trial on a long-ago case, a prosecutor said.

Randolph D. Smith, 60, pleaded guilty Thursday to six counts of indecent liberties with children, getting a 45-year sentence -- all of it suspended. All the incidents occurred while Smith was a sworn police officer.

"At least it's a start to ruining his life," said one of the victims, now 39, who was 13 at the time of the first incident in 1982. "At least it's a start to holding him accountable. He ruined his own life by choosing to lead that lifestyle."

He said he believes Smith has victimized other adolescent boys, and hopes the publicity surrounding the case could spur others to come forward. The man's name and another victim's name are being withheld because the Daily Press does not publish the names of sexual assault victims.

Five of the incidents that Smith pleaded guilty to involve the police officer sexually assaulting the boys. A sixth incident involved Smith watching one of the boys as he took a shower.

The Newport News Commonwealth's Attorney's Office, in a plea agreement, agreed that Smith would serve no time in prison in return for pleading guilty. Newport News Circuit Court Judge Timothy S. Fisher could have disregarded the plea deal during sentencing, but chose to wholly accept its terms.

Aside from no time in prison, the plea agreement requires Smith to get supervised probation for two years, maintain good behavior for 15 years, and have no direct contact with either victim or "any juvenile males" aside from relatives who are supervised by another adult.

He could have to serve his prison term if he violates those terms.

Smith also had to submit a sample of his DNA to the state, get treatment in a sex offender program and register on the state's sex offender list. He gets to keep his retired police officer's card, but a line that says he's entitled to carry a weapon will be removed since he's now a convicted felon.

Smith worked for the police department between 1968 and 1995. He worked as a security official for the Newport News Redevelopment & Housing Authority before charges against him surfaced in March.

Angela M. O'Connor, the chief deputy commonwealth's attorney for Newport News, said Smith "absolutely did not" get special treatment because he was a retired police officer. "We look at the evidence in every case, and look at what's best for the victims and the community as a whole," she said.

With a plea agreement, O'Connor said, "victims and families are spared the trauma of having to testify in open court, and it puts the victims on the road to recovery. They get to sit there and hear the defendant say, 'I'm guilty.' "

The victims, now 39 and 26 years old, and their families were involved in the decision to accept a plea deal, she said.

As for whether the agreement could have included at least some time behind bars, O'Connor said, "it was either this plea agreement or a jury trial."

Smith faced 10 years apiece -- for a total of 30 years -- in prison for the three incidents involving the 1982 situation, and five years apiece -- for a total of 15 years -- for the 1994-1995 incidents, which involved a boy with a "custodial relationship" because he spent time taking care of him.

After the hearing, Judge Fisher declined to be interviewed by the Daily Press to explain his reasons for agreeing to suspend the entire prison term.

Robert W. Lawrence, Smith's attorney, said he "wanted to take the case to trial," because he thought he could prove Smith not guilty.

But Smith, Lawrence said, "felt responsible for some inappropriate conduct," and "wanted to resolve it for everybody" by pleading guilty.

As for sending Smith to prison, he said, "I don't think it would have done anybody any good."

Another man, now 26, the victim who first reported the 1994 incidents to police in March, said "time and me staying awake every night and day with this on my mind," spurred him to come forward. "I'm glad there's a conviction," he said. *